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U.S. Border Patrol agents at a Detroit Bus Station

Since 9/11, Congress has tripled the number of U.S. Border Patrol agents to more than 21,000. In the scramble to find willing recruits, the Department of Homeland Security sometimes defers background checks and relaxes recruitment standards.

With the increase in agents, there’s also been an increase in complaints from citizens who live along our international borders. Especially the northern border where Border Patrol agents now sometimes staff 911 call centers or respond in remote areas to domestic disturbance abuse calls and other cases normally relegated to the police department or sheriff’s office. For instance, last June a 75-year-old man, Charles Robinson, was fatally shot in Jackman, Maine, after he fired on a Border Patrol agent, who responded to a domestic dispute call at Robinson’s residence.

On the southern border, there have also been deaths. A grand jury has been convened to look into the death of Anastasio Hernandez Rojas in 2010 by border agents. Hernandez, a citizen of Mexico, was being deported at the San Diego port of entry when he was beaten and tased by over a dozen agents. He died a few days later. Earlier this year, PBS’ ”Need to Know” aired cell phone footage taken by an eyewitness of the incident.

I’ve heard repeatedly from civil rights advocates and border citizens that it’s time that border patrol policies and training be re-examined. But it’s an idea that hasn’t caught up with members of Congress yet.

For the past decade, the political debate over whether our borders have enough “boots on the ground” has been white hot, but a much-needed debate over who fills those boots and how they exercise their authority has been sadly lacking.

The ACLU and a network of civil rights advocates along the border have taken it upon themselves to document patterns of abuse and catalogue repeat offenders with the goal of asking for policy changes in the future.

They’re tracking the complaints in a new database called the U.S./Mexico Binational Abuse Documentation System. For the project, the ACLU’s Regional Center for Border Rights in Las Cruces, New Mexico, created the web-based platform so that advocates can document complaints of abuse or misconduct from wherever they are along the border.

“Across the border there’s the sense that the same types of abuse are occurring from the more mundane of not providing food and water to people in detention to excessive use of force,” says Brian Erickson, an ACLU policy analyst who is overseeing the database project. “This is a tool to see whether the abuses are systemic in nature. The biggest goal is to hold Border Patrol accountable and to offer up policies that we want to see changed.”

Groups in California, Arizona and El Paso have already begun using the database. This week, a civil rights coalition called The RGV Equal Voice Network, announced the start of the project in the Rio Grande Valley.

Mike Seifert, spokesperson for the RGV Equal Voice Network, said the coalition is also promoting a hotline in the Valley where people can report abuses to be collected in the database. “We’re looking at everything,” he says. “Tasings, shooting events because of rock throwing and home invasions. We want to make it clear though that we can’t offer legal advice but we can refer cases to the ACLU.”

The secure database will be private and only available to people in the advocacy organizations who have been trained to use it, says Erickson.

Last May, a riot in a private prison in Natchez, Mississippi, turned deadly when a prison guard was beaten to death. The riot was sparked by undocumented immigrants angered by poor food and medical care and abusive guards. It’s only the latest in a series of riots that have occurred in the booming immigrant detention system in the United States.

In Pecos, Texas, riots broke out in 2008 over medical negilgence after a detainee with epilepsy died in solitary confinement. Despite the riots, deaths and documented cases of abuse the number of detention facilities — many of them private jails — increased by 208 percent between 2002 and 2008. The industry has grown massive, fed by Operation Streamline a federal policy expanded in 2005 to detain immigrants who enter the country illegally. People who enter illegally for the first time can serve a 30 day sentence in jail while a repeat offender can serve anywhere from 1 to 20 years in prison.

Since 2001, it has cost U.S. taxpayers $5.5 billion to incarcerate undocumented immigrants yet research shows that it does little to deter immigrants from coming illegally to the United States. Thursday, Austin nonprofit Grassroots Leadership and other civil justice groups will testify at a Congressional Briefing sponsored by U.S. Representative Jared Polis. The briefing will examine human rights abuses and waste, which they say is prevalent in the Federal Bureau of Prison’s “Criminal Alien Requirements” private prison contracting program. “The federal government has another 1,000 beds budgeted for 2013,” says Bob Libal, executive director of Grassroots Leadership. “Private detention facilities have grown exponentially but research shows incarcerating people doesn’t deter them from coming.The biggest determinant is the economy.”

So many immigrants have been incarcerated for entering the country illegally that it has radically changed the composition of the federal prison population. In 2011, for the first time Hispanics made up 50.3 percent of people sentenced for felonies even though they make up just 16 percent of the U.S. population. Libal and other advocates hope the federal government will consider less costly and more humane alternatives to jail. “We have less undocumented Mexicans entering the country than in decades and we’re still expanding the detention system,” he says. “There has to be a better policy.”

Read a new report released by Grassroots Leadership called “Operation Streamline:Costs and Consequences.”

Deaths in Mexico by U.S. Border Agents Becoming an Alarming Trend

2nd Man Killed in the Last Three Months
Melissa del Bosque

An U.S. Border Patrol agent has shot another man in Mexico – this time in Nuevo Laredo. Nora Isabel Lam Gallegos reported that her husband Guillermo Arevalo Pedroz, 36, was fatally shot on the Mexican side of the Rio Grande Monday at a popular park called “The Skating Rink.” Arevalo and his family were having a BBQ and celebrating a birthday, according to Gallegos who was interviewed by Laredo’s KGNS News.

Gallegos and other witnesses say U.S. Border Patrol agents in a boat were trying to apprehend a man swimming across the Rio Grande to Texas. The man turned back toward Mexico and an agent fired toward the Mexican side of the riverbank hitting Gallegos’ husband at the park. No Border Patrol agents were hurt in the incident.

In a statement from the Border Patrol, the agency said people in Mexico pelted the agents with rocks, reports KGNS News. The Mexican government has repeatedly lodged diplomatic complaints with the United States concerning the “disproportionate use of lethal force” by U.S. immigration agents. Both the FBI and the Mexican government are investigating the incident.

According to El Universal, a Mexico City-based newspaper, an U.S. citizen reportedly filmed the entire incident on a cell phone and turned it over to the Mexican authorities.

This is the second time an U.S. Border Patrol agent in Texas has fatally shot someone in Mexico in the last three months. In both cases, Border Patrol claimed they were being pelted with rocks, which required them to shoot in self defense.

On July 9, an U.S. Border Patrol agent fatally shot Juan Pablo Perez Santillan. The 30-year-old was standing on the bank of the Rio Grande in Matamoros just across from Brownsville. In a lawsuit filed by his family, they claim Perez Santillan was standing on the riverbank while a group of people swam across the river to Texas. The group was spotted by U.S. Border Patrol agents. In a statement after the shooting, the agency says its agents were pelted with rocks and fired in self defense.

This death in Nuevo Laredo is the fifth time an U.S. border agent has killed someone on Mexican soil in the last two years. Ramses Torres, 17, was shot in Nogales, Sonora, in 2011, and Jose Yañez Reyes was killed that same year in Tijuana. Sergio Hernandez Guereca, 15, was killed in Juarez in 2010 by U.S. Border Patrol, agent Jesus Mesa.

This a disturbing trend that doesn’t bode well for an already tense relationship with Mexico. With the increasing number of fatal shootings in Mexico by U.S. agents and the shooting of two CIA agents in Mexico last week by the Federal Police, Mexico’s incoming President Enrique Peña Nieto has not only domestic woes to contend with but international ones as well.

 

 

 

 

 

 

 

 

 

PHOTO COURTESY OF THE HERNANDEZ FAMILY
Sergio Hernandez-Guereca was killed in 2010.

Early on the morning of July 9, A U.S. Border Patrol agent fatally shot Juan Pablo Perez Santillan in Mexico. The 30-year-old was standing on the bank of the Rio Grande in Matamoros just across from Brownsville.

Border Patrol says the agent fired in self-defense. At a press conference after the shooting, agency spokesperson Enrique Mendiola said two agents opened fire in separate incidents around the same time that morning. A group of Mexicans, trying to cross the river, pelted the agents with rocks, he said, while in the other incident a man allegedly flashed a gun on the Mexican side of the river. Witnesses in Mexico say Perez Santillan was unarmed.

The Mexican Foreign Ministry denounced Perez’s death as a disproportionate use of force. Both countries say the shooting is being investigated, but it’s doubtful anything will come of it. In June 2010, 15-year-old Sergio Hernandez-Guereca was killed in Mexico by a U.S. Border Patrol agent standing in El Paso. The boy’s parents filed a wrongful death suit in U.S. court, but it was dismissed. The federal judge said the family had no standing because Hernandez-Guereca was killed on Mexican soil. Incensed by the ruling, the Chihuahuan state government issued a warrant for the Border Patrol agent’s arrest. But the warrant is largely viewed as symbolic, since the chances of extradition are next to none.

Deaths like these are on the rise. The Perez Santillan case is the fourth time a U.S. border agent has killed someone on Mexican soil in the last two years. Ramses Torres, 17, was shot in Nogales, Sonora, in 2011, and Jose Yañez Reyes was killed that same year in Tijuana.

Undeterred by the setback in the El Paso ruling, Juan Pablo Perez Santillan’s family filed a civil suit in U.S. court in late July. “What happened is a terrible tragedy,” said Brownsville civil rights lawyer Ed Stapleton, who filed the suit for the family. “Arguing this case is going to be an uphill battle, but it’s important to keep developing it as a legal issue.”

The case probably won’t be heard any time soon, however. In early August, Stapleton’s suit on behalf of the family was rescinded, and he was replaced by Austin-based attorney Marc Rosenthal. Rosenthal has yet to re-file the suit.

Tom Hayden: If You’re Looking for a War to Oppose it Should be the Drug War in Mexico

A Veteran Peace Activist on the Road with Javier Sicilia and the Peace Caravan
Melissa del Bosque
Javier Sicilia at the Texas Capitol August 25

At this moment, one of the most significant peace movements in Mexico’s history is winding its way through the American South in a caravan of buses and cars. The movement, which has a long name, “The Movement for Peace and Justice with Dignity,” is led by Mexican poet Javier Sicilia and his fellow countrymen who have lost their loved ones in a drug war that has killed at least 120,000 since 2006. Since the movement began last year, its “peace caravans” have crisscrossed the Mexican countryside drawing thousands to their rallies and making international headlines. Sicilia and his movement have been called everything from heroic to sell-outs for opening a dialogue with President Felipe Calderon about changing the country’s drug war policy. And Sicilia’s political alliances have been called into question as he’s struggled to keep his movement apolitical.

Now Sicilia has plunged even deeper into controversy by bringing his movement for peace across the border to the United States. Since arriving at the beginning of August he and at least 40 other peace activists from Mexico have met with divisive figures like Sheriff Joe Arpaio in Arizona to challenge his racist policies.  Yesterday, they protested in front of a gun store in Houston, where they melted down an AK-47 and re-sculpted it into a peace symbol. At every stop, hundreds have turned out and the participants have given heartbreaking testimony about their loved ones who have been killed or disappeared in the drug war. On Saturday, the caravan rolled into Austin for a rally on the steps of the Texas Capitol. Sicilia called for U.S. and Mexican citizens to join together to demand an end to the drug war violence and the incarceration of millions in the United States. “We can stop the war by forcing our states and our governments to change drug policy into a public health policy. To control the trafficking of arms of destruction…and to lead a war against money laundering. The money made from the legalization of drugs should be given to the victims destroyed by the drug war.”

What Sicilia and the movement have to say is important, but will government leaders in the United States listen? As I was pondering this question, I noticed a gray-haired man sitting on the steps of the Capitol typing away on a laptop. He was entirely focused on Sicilia’s words. Next to him sat a worn leather briefcase decorated with a glittering Mexican flag sticker. It suddenly dawned on me that it was Tom Hayden, a founding father of the influential New Left student movement of the ‘60s. Now 72, Hayden’s life has been devoted to organizing and civil protest and “participatory democracy” — the notion that “each person has a voice in the decisions affecting his or her life,” which he helped define in the Port Huron Statement more than 50 years ago. When it comes to organizing a social movement, Hayden, also a former California state senator, has pretty much done it all. So I was curious about what this veteran peace activist had to say about Mexico’s burgeoning peace movement, and how Sicilia might find common cause in the United States with other groups trying to end the war on drugs. Hayden told me he has been closely following the movement in Mexico and had just recently wrote a piece about Sicilia for The Nation. Here’s what Hayden had to say about the movement.

TomHayden2sized
TO
: What do you think about Javier Sicilia and the Movement for Peace and Justice with Dignity?

Hayden: You mean this civic milagro. It truly is a milagro. These social movements that appear suddenly are very difficult for academics and journalists to understand because they don’t have any causation. That means you can’t predict what they will achieve or why they will go away. All you know is that you are in the middle of something and from a moral standpoint it’s a blessing to be there. It only happens a few times in your life and it’s outside of your control. So that’s what it is. But if I were to analyze it, I’d say it’s a very important step toward making the militarized drug war untenable.

TO: Sicilia has been criticized for meeting with President Calderon. Some say he’s sold out. What do you think about this criticism?

Hayden: I never heard this except for people from the left in Mexico and journalists from the left. I met with Ronald Reagan. What does that make me? Who cares? This is not a left movement. But it is a movement the left should support.

TO: Do you think the message of the caravan will sink in with Americans? Will they pay attention?

Hayden: It certainly will with the immigrants, with Mexicans and Central Americans in particular. Along the way, the route of the march, generally speaking, is not the territory of white liberalism. It’s an area where great civil rights movements have been based historically. That’s part of what interests me about the route. It’s not in tea party country. It’s not in right wing country. It’s in brown and black communities that are enclaves inside the old Confederacy. I think it’s very important for a couple of reasons: the movement in the United States has largely been a white movement of my beloved potheads who want to legalize what they smoke. They have a historic grievance because millions of them have been unnecessarily incarcerated, marginalized and looked down upon. Their movement has been very successful around medical marijuana, which shows that there is a majority of voters in certain states like California and Arizona that are in favor of it. The backlash has also been severe because the drug warriors know that it’s a foot in the door. But there’s a real limit to a white movement because the victims of drug war are people of color more than white people. So, I think this movement can create some new dimensions and some new muscle for the movement here that is morally in favor of legalization.

Also, whatever happens in Mexico, the voter mandate was against the drug war. The mandate of the people in Central America is against the drug war. The presidents of Honduras, Costa Rica, Guatemala and El Salvador have already told President Obama and Biden that they would not meet with the United States in another Organization of American States meeting unless there was a change in the drug policy. I’m a big supporter of President Obama. He knows the drug war is crazy. He said so when he was a state senator like me. One thing you have to do when you run for the presidency of the superpower, if you are a Democrat and you’re black and have no experience, is you have to be tough on crime and tough on defense. And you also have to be sort of beyond morality, which a lot of people on the left don’t understand. Politics is only a little about morality. Obama has done something that might seem immoral on the surface that he continues the drug war, which he already said in Illinois he didn’t believe in, and that he thought was ineffective. He’s waiting for the anti-drug war movement to show that it can make a difference before he steps forward. But now it’s become very serious because the movement has gained the support of actual governments that the United States has to do business with.

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TO
: What do you think about the role that social media has had on civic movements in Mexico?

Hayden: I recently covered the Mexican presidential election. The #YoSoy132 movement is a very impressive student movement and it obviously has a future. It’s also somewhat different from previous left movements. Typical of this generation, the enemy is television and the monopoly of TV media. The means of producing images is the new generation’s target.  How to change the war is a very difficult issue. I believe this movement is very smart to frame itself as anti-violence, and I think the peace movement in the United States, if they are looking for any war to oppose, it should be this war. I think they need to focus on the war in the Americas and the front of that war is in Mexico and Central America. I don’t know why there can’t be another solidarity movement of the kind there was around the Central American wars in the ‘80s. I think it’s a problem of perception. In Central America, white people saw U.S. supported dictators with death squads chasing people to Los Angeles or over the Texas border. There was a massive underground movement and people took these refugees in and gave them food, shelter and medicine. The drug war narrative is a false narrative that makes it seem that 60,000 people have died in Mexico because they were all drug addicts. This is racism combined with false information and this march or caravan can dispute this false information because people don’t want to be racists. But I think they have a racist interpretation that the victims of the drug war sort of deserved it because they were dealing for the cartels or they were thugs. It reminds me of the civil rights movement which got stopped because of the false narrative that what was wrong in America’s cities had to do with drugs and gangs. And now we have 2 million people arrested and communities are devastated. The right wing argues that it’s the fault of these communities. Democrats argue that we have to stop people with police and jails first then rehabilitate them later with training and jobs. But what if it’s the other way around? The whole thing is because of neo-liberalism which started in places like Los Angeles, Philadelphia and in New York when corporations and banks disinvested from inner cities and invested instead in Mexico and Central America. Isn’t that the story? There’s a role for journalists. The story is false. It’s not simple but it’s a false story that needs to be corrected. It’s very smart what the caravan is doing—by just saying “stop the drug war,” it brings attention to something that is wrong, and a failure and expensive. But it doesn’t preach a specific answer which is good. Because here is the way it goes: If I tell you to stop doing something or else…you will naturally think of something else to do. This way we can have a debate. It’s truly historic what this movement is doing. I don’t think in my lifetime I can think of a peace movement from another country coming over to America to march.

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